Ruma Pal, J. - (1.) On December 23, 1981, there was a search and seizure at the petitioner's premises. Various documents, share scrips and Rs. 90,000 in cash were seized. This writ application has been filed for return of the documents and share scrips.
(2.) The only point argued by the petitioner is that he is entitled to the return of the documents and share scrips because the respondent authorities have no authority to retain them under the provisions of Section 132(8) of the Income-tax Act, 1961 (referred to as "the Act" hereafter).
(3.) Section 132(8) reads : "(8) The books of account or other documents seized under Subsection (1) or Sub-section (1A) shall not be retained by the authorised officer for a period exceeding one hundred and eighty days from the date of the seizure unless the reasons for retaining the same are recorded by him in writing and the approval of the Chief Commissioner or Commissioner for such retention is obtained : Provided that the Chief Commissioner or Commissioner shall not authorise the retention of the books of account and other documents for a period exceeding thirty days after all the proceedings under the Indian Income-tax Act, 1922 (11 of 1922), or this Act in respect of the years for which the books of account or other documents are relevant are completed." ;